7th Circ. Skeptical Of UP's Temporal BIPA Contractor Argument

By Lauraann Wood

A Seventh Circuit panel seemed skeptical Wednesday that a government contractor exception in Illinois' biometric privacy law should be applied through a temporal test to determine whether such a contract's mere existence is enough to excuse defendants from the statute's informed consent requirements.

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Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

By Celeste Bott

An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

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State Pols Urge Justices To Rein In Kalshi's Sports Offerings

By Alex Lawson

A coalition of state lawmakers has urged the U.S. Supreme Court to review a Third Circuit decision allowing Kalshi to keep its sports offerings online in New Jersey, emphasizing that sports betting oversight must be left to the states.

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Analysis

Circuit Rift On Pension Credit May Catch Supreme Court's Eye

By Kellie Mejdrich

The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

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Illinois Powerhouse: Jones Day

By Joyce Hanson

Launched in 1987 with 14 attorneys, Jones Day's Chicago office now has a roster of 172 and expects to keep growing as it represents major companies headquartered in Illinois, earning it a spot once again on Law360's annual list of Regional Powerhouses.

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Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

By Gianna Ferrarin

A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

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Exelon Investors' $40M Deal In Bribery Case Wins Final OK

By Celeste Bott

An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

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Calif. Appeals Court Revives Antitrust Suit Against Claritev

By Rae Ann Varona

A California state appeals court held in a published opinion that health insurer reimbursements for services are prices that, if fixed or tampered with, are subject to antitrust scrutiny, reviving a lawsuit that accused MultiPlan Corp. of violating antitrust law through pricing tools used by health insurance providers.

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NY Judge Dismisses States' DOGE Treasury Data Access Suit

By Rae Ann Varona

A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.

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D&O Insurer Needn't Cover Condo Board In Ex-Member's Suit

By Hope Patti

An insurer has no duty to defend or indemnify an Illinois condominium association, its board or a unit owner against a suit brought by the former condo board president, a federal court ruled, finding that an insured-versus-insured exclusion bars coverage.

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Steel Distributor UPG Hits Ch. 11 In Illinois Seeking Sale

By Emily Lever

Steel distributor UPG Enterprises has filed for Chapter 11 protection in Illinois in hopes of drumming up more interest in its sale process, the debtor said Wednesday.

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Tracking Trends In State-Level Regulatory Enforcement

State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

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And Now A Word From The Panel: Accessing Key MDL Data

As the Judicial Panel on Multidistrict Litigation convenes for its September hearing session, it is useful to examine the treasure trove of historical and statistical information about MDLs past and present that the panel makes available to the public on its own website, says Alan Rothman at Sidley Austin.

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What Cos. Must Know As Fast Energy Permitting Gains Steam

A recently approved geothermal project in Nevada may be the first authorized by the U.S. Bureau of Land Management under a new 14-day expedited environmental review process — but project developers may find that a more thorough environmental analysis will provide better protection against litigation challenges, says Jill Yung at Allen Matkins.

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Md. Digital Tax Ruling Is A Road Map For Future Challenges

Three Maryland Tax Court rulings that recently struck down the state's digital advertising tax suggest constitutional and statutory vulnerabilities that could be used to challenge newly enacted digital services laws or legislation being considered by other states, say attorneys at Holland & Knight.

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Teva, Wyeth Show How Claimed Advances Shape Enablement

Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

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Opinion

Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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Tarter Krinsky Data Breach May Have Affected Health Info

By Andrea Keckley

Tarter Krinsky & Drogin LLP said in a letter this month that a data breach last year may have compromised protected health information the firm possessed due to its representation of an unnamed healthcare provider.

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'I'm Tired Of This': Judge Scolds Atty In Romantasy Suit

By Theresa Schliep

A New York federal judge has reprimanded counsel for a writer in a failed copyright infringement lawsuit over the "Crave" book series, insisting the plaintiff answer all questions in a deposition over attorney fees and writing that she was "tired of this" and "indeed being jerked around."

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Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules

By Jeff Overley

The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

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Analysis

Newman's Roadblocks Guide Judicial Conduct Reform Bill

By Dani Kass

The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

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Senate Confirms Abbott Aide To Texas Federal Bench

By Courtney Bublé

The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

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Fed. Panel At Standstill Over ABA Law School Accreditor Role

By Emma Cueto

A key U.S. Department of Education committee deadlocked Wednesday over whether the American Bar Association council responsible for approving law schools should continue as a federally recognized accreditor, tabling the issue until Thursday after different proposals failed to win majority support.

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